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Slave trade offenses, see section 1582 et seq. of this title.

§ 3284. Concealment of bankrupt's assets

The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

(June 25, 1948, ch. 645, 62 Stat. 828; Nov. 6, 1978, Pub. L. 95-598, title III, § 314(k), 92 Stat. 2678.)

HISTORICAL AND REVISION NOTES

Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy (May 27, 1926, ch. 406, § 11d, 44 Stat. 665; June 22, 1938, ch. 575, § 1, 52 Stat. 856).

The 3-year-limitation provision was omitted as unnecessary in view of the general statute, section 3282 of this title.

The words "or a discharge denied" and "or denial of discharge" were added on the recommendation of the Department of Justice to supply an omission in existing law.

Other subsections of said section 52 of title 11, U.S.C., 1940 ed., are incorporated in sections 151-154 and 3057 of this title.

Other minor changes of phraseology were made.

AMENDMENTS

1978-Pub. L. 95-598 substituted "debtor in a case under title 11” for “bankrupt or other debtor".

EFFECTIVE DATE OF 1978 AmendmenT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy.

CROSS REFERENCES

Bankruptcy investigations, see section 3057 of this

title.

Five year limitation on offenses relating to bankruptcy, see section 3282 of this title.

Offenses relating to bankruptcy, see section 151 et seq. of this title.

§ 3285. Criminal contempt

No proceeding for criminal contempt within section 402 of this title shall be instituted against any person, corporation or association unless begun within one year from the date of the act complained of; nor shall any such proceeding be a bar to any criminal prosecution for the same act.

(June 25, 1948, ch. 645, 62 Stat. 828.)

HISTORICAL AND REVISION NOTES

Based on section 390 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, § 25, 38 Stat. 740).

Word "criminal" was inserted before "contempt" in first line. Words "within section 402 of this title" were inserted after "contempt".

The correct meaning and narrow application of title 28, U.S.C., 1940 ed., § 390, are preserved, as section 389 of that title is incorporated in sections 402 and 3691 of this title.

Words "corporation or association" were inserted after "person", thus embodying applicable definition of section 390a of title 28, U.S.C., 1940 ed. (See reviser's note under section 402 of this title.)

FEDERAL RULES OF CRIMINAL PROCEDURE Criminal contempt procedure, see rule 42, Appendix to this title.

CROSS REFERENCES

Criminal contempts constituting criminal offenses, see section 402 of this title.

Insurance business, application of section to, see sections 1011 to 1015 of Title 15, Commerce and Trade.

§ 3286. Seduction on vessel of United States

No person shall be prosecuted, tried, or punished for seduction in violation of section 2198 of this title unless indictment is found or the information is filed within one year after the vessel on which the offense was committed arrives at its port of destination.

(June 25, 1948, ch. 645, 62 Stat. 828.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 460 (Mar. 4, 1909, ch. 321, § 281, 35 Stat. 1144).

Section 460 of title 18, U.S.C., 1940 ed., was incorporated in this section and sections 2198 and 3614 of this title. Minor changes in phraseology only were made in this section.

Reference to the filing of an information was inserted in view of rule 7 of the Federal Rules of Criminal Procedure.

§ 3287. Wartime suspension of limitations

When the United States is at war the running of any statute of limitations applicable to any offense (1) involving fraud or attempted fraud against the United States or any agency thereof in any manner, whether by conspiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procurement, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until three years after the termination of hostilities as proclaimed by the President or by a concurrent resolution of Congress.

Definitions of terms in section 103 of title 41 shall apply to similar terms used in this section. (June 25, 1948, ch. 645, 62 Stat. 828.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 590a (Aug. 24, 1942, ch. 555, § 1, 56 Stat. 747; July 1, 1944, ch. 358, § 19(b), 58 Stat. 667; Oct. 3, 1944, ch. 479, § 28, 58 Stat. 781).

The phrase "when the United States is at war" was inserted at the beginning of this section to make it permanent instead of temporary legislation, and to obviate the necessity of reenacting such legislation in the future. This permitted the elimination of references to dates and to the provision limiting the application of the section to transactions not yet fully barred. When the provisions of the War Contract Settlements Act of 1944, upon which this section is based, are considered in connection with said section 590a which it amends, it is obvious that no purpose can be served now by the provisions omitted.

Phrase (2), reading "or committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States" was derived from section 28 of the Surplus Property Act of 1944 which amended said section 590a of title 18, U.S.C., 1940 ed. This act is temporary by its terms and relates only to offenses committed in the disposition of surplus property thereunder.

The revised section extends its provisions to all offenses involving the disposition of any property, real or personal, of the United States. This extension is more apparent than real since phrase (2), added as the result of said Act, was merely a more specific statement of offenses embraced in phrase (1) of this section.

The revised section is written in general terms as permanent legislation applicable whenever the United States is at war. (See, also, reviser's note under section 284 of this title.)

The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in section 103 of title 41, U.S.C., 1940 ed., Public Contracts. Changes were made in phraseology.

CROSS REFERENCES

Termination of war contracts, see section 101 et seq. of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6533.

§ 3288. Indictments and information dismissed after period of limitations

Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution. (June 25, 1948, ch. 645, 62 Stat. 828; Oct. 16, 1963, Pub. L. 88-139, § 2, 77 Stat. 248; Aug. 30, 1964, Pub. L. 88-520, § 1, 78 Stat. 699; Nov. 18, 1988, Pub. L. 100-690, title VII, § 7081(a), 102 Stat. 4407.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §§ 556a, 587, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934,

ch. 278, §§ 1, 3, 48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747).

This section is a consolidation of sections 556a, 587, and 589 of title 18, U.S.C., 1940 ed., without change of substance. (See reviser's note under section 3289 of this title.)

AMENDMENTS

1988-Pub. L. 100-690, in section catchline, substituted "Indictments and information dismissed after period of limitations" for "Indictment where defect found after period of limitations”, and in text, substituted "Whenever an indictment or information charg ing a felony is dismissed for any reason" for "Whenever an indictment is dismissed for any error, defect, or irregularity with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause,", inserted ", or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final" after "dismissal of the indictment or information", and inserted provisions which prohibited filing of new indictment or information where reason for dismissal was failure to file within period prescribed or some other reason that would bar a new prosecution.

1964-Pub. L. 88-520 substituted "Indictment" for "Reindictment" in section catchline, included indictments or informations filed after the defendant waives in open court prosecution by indictment which are dismissed for any error, defect, or irregularity, or are otherwise found defective or insufficient, and substituted provisions authorizing the return of a new indictment in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, if no regular grand jury is in session when the indictment or information is dismissed, within six calendar months of the date when the next grand jury is convened, for provisions which authorized the return of a new indictment not later than the end of the next succeeding regular session of the court, following the session at which the indictment was found defective or insufficient, during which a grand jury shall be in session.

1963-Pub. L. 88-139 substituted "session" for "term" wherever appearing.

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within 60 days of the date the dismissal of the indictment or information becomes final, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the expiration of the applicable statute of limitations, or, if no regular grand jury is in session in the appropriate jurisdiction at the expiration of the applicable statute of limitations, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

(June 25, 1948, ch. 645, 62 Stat. 829; Oct. 16, 1963, Pub. L. 88-139, § 2, 77 Stat. 248; Aug. 30, 1964, Pub. L. 88-520, § 2, 78 Stat. 699; Nov. 18, 1988, Pub. L. 100-690, title VII, § 7081(b), 102 Stat. 4407.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §§ 556a, 588, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934, ch. 278, §§ 2, 3, 48 Stat. 772),

Consolidation of sections 556a, 588, and 589 of title 18, U.S.C., 1940 ed., without change of substance. The provisions of said section 556a, with reference to time of filing motion, were omitted and numerous changes of phraseology were necessary to effect consolidation, particularly in view of rules 6(b) and 12(b)(2), (3), (5) of the Federal Rules of Criminal Procedure.

Words "regular or special" were omitted and “regular" inserted after "succeeding" to harmonize with section 3288 of this title.

AMENDMENTS

1988-Pub. L. 100-690 in section catchline substituted "Indictments and information dismissed after period of limitations" for "Indictment where defect found before period of limitations", and in text, substituted "Whenever an indictment or information charging a felony is dismissed for any reason" for "Whenever an indictment is dismissed for any error, defect, or irregularity with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause,", inserted "or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final" after "dismissal of the indictment or information", and inserted provisions which prohibited filing of new indictment or information where reason for dismissal was failure to file within period prescribed or some other reason that would bar a new prosecution.

1964-Pub. L. 88-520 substituted "Indictment" for "Reindictment" in section catchline, included indictments or informations filed after the defendant waives in open court prosecution by indictment which are dismissed for any error, defect, or irregularity, or are otherwise found defective or insufficient, and substituted provisions authorizing, where the period of the statute of limitations will expire within six calendar months of the date of the dismissal, the return of a new indictment within six calendar months of the expiration of the applicable statute of limitations, or, if no regular grand jury is in session at the expiration of the applicable statute of limitations, within six calendar months of the date when the next regular grand jury is convened, for provisions which authorized, where the period of the statute of limitations will expire before the end of the next regular session of

the court to which such indictment was returned, the return of a new indictment not later than the end of the next succeeding regular session of the court following the session at which the indictment was found defective or insufficient, during which a grand jury shall be in session.

1963-Pub. L. 88-139 substituted "session" for "term" wherever appearing.

FEDERAL RULES OF CRIMINAL PROCEDURE Limitation periods not affected by procedure governing pleadings and motions, see rule 12, Appendix to this title.

Motion to dismiss indictment on objection to grand jury, see rule 6.

CROSS REFERENCES

Indictment after limitations, see section 3288 of this

title.

Limitation for non-capital offenses, see section 3282 of this title.

§ 3290. Fugitives from justice

No statute of limitations shall extend to any person fleeing from justice.

(June 25, 1948, ch. 645, 62 Stat. 829.)

HISTORICAL AND REVISION NOTES

Based on Title 18, U.S.C., 1940 ed., § 583 (R.S. § 1045).

Said section 583 was rephrased and made applicable to all statutes of limitation and is merely declaratory of the generally accepted rule of law.

CROSS REFERENCES

Absence from district as tolling limitation for prosecution for internal revenue violations, see section 6531 of Title 26, Internal Revenue Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6531.

§ 3291. Nationality, citizenship and passports

No person shall be prosecuted, tried, or punished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to violate any of the afore-mentioned sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense.

(Added June 30, 1951, ch. 194, § 1, 65 Stat. 107.) § 3292. Suspension of limitations to permit United States to obtain foreign evidence

(a)(1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country.

(2) The court shall rule upon such application not later than thirty days after the filing of the application.

(b) Except as provided in subsection (c) of this section, a period of suspension under this section shall begin on the date on which the official request is made and end on the date on which the foreign court or authority takes final action on the request.

(c) The total of all periods of suspension under this section with respect to an offense(1) shall not exceed three years; and

(2) shall not extend a period within which a criminal case must be initiated for more than six months if all foreign authorities take final action before such period would expire without regard to this section.

(d) As used in this section, the term "official request" means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.

(Added Pub. L. 98-473, title II, § 1218(a), Oct. 12, 1984, 98 Stat. 2167.)

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§ 3321. Number of grand jurors; summoning additional jurors

Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. (June 25, 1948, ch. 645, 62 Stat. 829.)

'So in original. Does not conform to section catchline.

HISTORICAL AND REVISION NOTES

Based on section 419 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 282, 36 Stat. 1165).

The provisions of the first sentence are embodied in rule 6(a) of the Federal Rules of Criminal Procedure, but it has been retained because of its relation to the remainder of the text which is not covered by said rule.

FEDERAL RULES OF CRIMINAL PROCEDURE

Challenges of grand jurors, see rule 6, Appendix to this title.

Discharge and excuse of grand jurors, see rule 6.
Summoning grand jurors, see rule 6.

CROSS REFERENCES

Apportionment of grand jurors within district, see section 1865 of Title 28, Judiciary and Judicial Procedure.

Attendance fees of grand jurors, see section 1871 of Title 28.

Drawing grand jurors, see section 1864 of Title 28. Exclusion on account of race or color, penalty for, see section 243 of this title.

Fee of marshal for serving venire, see section 1921 of Title 28, Judiciary and Judicial Procedure.

Fees of grand jurors, see section 1871 of Title 28. Intimidating or influencing grand jurors, see sections 1503 and 1504 of this title.

Ohio grand jurors; place of service; authority of judge to change; see sections 115 and 1865 of Title 28, Judiciary and Judicial Procedure.

Qualifications and exemptions of jurors, see section 1861 of Title 28.

Summons; service and return, see section 1867 of Title 28.

Traveling expenses, see section 1871 of Title 28.

§ 3322. Number; summoning-(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Summoning grand jury; number of grand jurors, Rule 6(a).

(June 25, 1948, ch. 645, 62 Stat. 829.)

§ 3323. Objections and motions—(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Challenging array of grand jurors or individual grand jurors; motions to dismiss, Rule 6(b). (June 25, 1948, ch. 645, 62 Stat. 829.)

§ 3324. Foreman and deputies; powers and duties; records-(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Appointment of grand jury foreman and deputy foreman; oaths, affirmations and indictments; records of jurors concurring, Rule 6(c).

(June 25, 1948, ch. 645, 62 Stat. 829.)

§ 3325. Persons present at proceedings-(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Persons who may be present while grand jury is in session; exclusion while jury is deliberating or voting, Rule 6(d).

(June 25, 1948, ch. 645, 62 Stat. 829.)

FEDERAL RULES OF CRIMINAL PROCEDURE

Subpena for attendance of witness, see rule 17, Appendix to this title.

§ 3326. Secrecy of proceedings and disclosure—(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Disclosure of proceedings to government attorneys; disclosure by direction of court or permission of defendant; secrecy of indictment, Rule 6(e).

(June 25, 1948, ch. 645, 62 Stat. 829.)

CROSS REFERENCES

Conduct of grand jury proceedings, see section 515 of Title 28, Judiciary and Judicial procedure.

§ 3327. Indictment; finding and return-(Rule)

SEE FEDERAL RULES OF CRIMINAL PROCEDURE Concurrence of twelve or more jurors in indictment; return of indictment to judge in open court, Rule 6(f). (June 25, 1948, ch. 645, 62 Stat. 830.)

§ 3328. Discharging jury and excusing juror—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Discharge of grand jury by court; limitation of service; excusing juror for cause, Rule 6(g). (June 25, 1948, ch. 645, 62 Stat. 830.)

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1970-Pub. L. 91-452, title I, § 101(a), Oct. 15, 1970, 84 Stat. 923, added chapter 216 and items 3331 to 3334. NATIONAL COMMISSION ON INDIVIDUAL RIGHTS Pub. L. 91-452, title XII, §§ 1201-1211, Oct. 15, 1970, 84 Stat. 960, 961, established the National Commission on Individual Rights to conduct a comprehensive study and review of Federal laws and practices relating to special grand juries authorized under chapter 216 of this title, dangerous special offender sentencing under section 3575 of this title, wiretapping and electronic surveillance, bail reform and preventive detention, no-knock search warrants, the accumulation of data on individuals by Federal agencies as authorized by law or acquired by executive action, and other practices which in its opinion might infringe upon the individual rights of the people of the United States. The Commission was required to make interim reports at least every two years and a final report to the President and Congress six years after Jan. 1, 1972, and was to cease to exist 60 days after submission of the final report.

§ 3331. Summoning and term

(a) In addition to such other grand juries as shall be called from time to time, each district court which is located in a judicial district containing more than four million inhabitants or in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any designated Assistant Attorney General, certifies in writing to the chief judge of the district that in his judgment a special grand jury is necessary because of criminal activity in the district shall order a special grand jury to be summoned at least once in each period of eighteen months unless another special grand jury is then serving. The grand jury shall serve for a term of eighteen months unless an order

for its discharge is entered earlier by the court upon a determination of the grand jury by majority vote that its business has been completed. If, at the end of such term or any extension thereof, the district court determines the business of the grand jury has not been completed, the court may enter an order extending such term for an additional period of six months. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of section 3333 of this chapter.

(b) If a district court within any judicial circuit fails to extend the term of a special grand jury or enters an order for the discharge of such grand jury before such grand jury determines that it has completed its business, the grand jury, upon the affirmative vote of a majority of its members, may apply to the chief judge of the circuit for an order for the continuance of the term of the grand jury. Upon the making of such an application by the grand jury, the term thereof shall continue until the entry upon such application by the chief judge of the circuit of an appropriate order. No special grand jury term so extended shall exceed thirty-six months, except as provided in subsection (e) of section 3333 of this chapter. (Added Pub. L. 91-452, title I, § 101(a), Oct. 15, 1970, 84 Stat. 923, and amended Pub. L. 100-690, title VII, § 7020(d), Nov. 18, 1988, 102 Stat. 4396.)

AMENDMENTS

1988-Subsec. (a). Pub. L. 100-690 inserted ", the Associate Attorney General" after "Deputy Attorney General".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3334 of this title.

§ 3332. Powers and duties

(a) It shall be the duty of each such grand jury impaneled within any judicial district to inquire into offenses against the criminal laws of the United States alleged to have been comImitted within that district. Such alleged offenses may be brought to the attention of the grand jury by the court or by any attorney appearing on behalf of the United States for the presentation of evidence. Any such attorney receiving information concerning such an alleged offense from any other person shall, if requested by such other person, inform the grand jury of such alleged offense, the identity of such other person, and such attorney's action or recommendation.

(b) Whenever the district court determines that the volume of business of the special grand jury exceeds the capacity of the grand jury to discharge its obligations, the district court may order an additional special grand jury for that district to be impaneled.

(Added Pub. L. 91-452, title I, § 101(a), Oct. 15, 1970, 84 Stat. 924.)

REFERENCES IN TEXT

The criminal laws of the United States, referred to in subsec. (a), are classified generally to this title.

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